URGENT ACTION REQUIRED! Heads up!
** SB757 will be heard TODAY (Weds, March 18, 2015) at 1:30 p.m.
IN THE SENATE! **
Senators: VOTE NO on SB757
Private Property Owners – This Will Affect YOU!
The subtitle of SB757 is:
“TO RESTRICT THE ABILITY OF LOCAL GOVERNMENTS AND OTHER ENTITIES TO REGULATE PRIVATE PROPERTY RIGHTS; AND TO DECLARE AN EMERGENCY.”
This is the furthest from the truth! Please read both SB757 and the amendment to SB757. You can not rely on the title or subtitle of the bill to tell you what the bill does. The subtitle of SB757 was designed to mislead the reader into believing a lie.
ALSO NOTE: when a bill includes the wording “AND TO DECLARE AN EMERGENCY”, this means that if the bill is passed, it would go into effect IMMEDIATELY!
It sounds like the Nancy Pelosi mentality: “We have to pass the bill so you can find out what is in it.” This bill does nothing to protect private property rights! SB757 is a bad bill, and it is a restriction on Private Property Rights. Also, this bill came from American Legislative Exchange Council (ALEC). For the model legislation from ALEC, click here.
Read the Arkansas Constitution for yourself to see that it already protects private property rights:
Article 2 Declaration of Rights
Section 22 Property Rights – Taking without just compensation prohibited.
The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.
Article 12 Municipal and Private Corporations
Section 9 – Taking of property by corporations – Compensation.
No property, nor right of way, shall be appropriated to the use of any corporation, until full compensation therefor shall be first made to the owner, in money; or first secured to him by a deposit of money; which compensation, irrespective of any benefit from any improvement proposed by such corporation, shall be ascertained by a jury of twelve men, in a court of competent jurisdiction, as shall be prescribed by law.
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Not only is SB757 a restriction to private property rights, it is against the Arkansas Constitution.
The following restrictions on private property are quoted directly fromSB757 from page 4 and 5:
(e) This subchapter does not apply to:
(1) An owner of real property if the real property is not the direct subject of the regulatory program;
(2) Laws or rules within the jurisdiction of the State Health Officer or regulatory activities of the Arkansas Pollution Control and Ecology Commission, the Arkansas Department of Environmental Quality, the Arkansas Livestock and Poultry Commission, or the State Plant Board under delegated or authorized programs or approved plans under federal law;
(3) An eminent domain proceeding to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as in effect on January 1, 2015, applies;
(4) An eminent domain proceeding undertaken by a governmental unit under applicable law;
(5) A lawful forfeiture or seizure of contraband under Arkansas Code, Title 5;
(6) A lawful seizure of property as evidence of a crime or violation of law;
(7) An action, including an action of a governmental unit, that is reasonably taken to fulfill an obligation mandated by federal law or an action of a governmental unit that is reasonably taken to fulfill an obligation mandated by state law;
(8) The discontinuance or modification of a program or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property;
(9) An action taken to prohibit or restrict a condition or use of private real property if the governmental entity reasonably determines that the condition or use constitutes a public or private nuisance as determined by background principles of nuisance and property law of this state;
(10) An action taken out of a reasonable good faith belief that the action is necessary to prevent an immediate threat to life or property;
(11) A rule, regulation, or proclamation adopted for the purpose of regulating water safety, hunting, fishing, or control of nonindigenous or exotic aquatic resources;
(12) An action taken by a governmental unit:
(A) To regulate construction in an area designated under law as a floodplain;
(B) To regulate onsite sewage facilities;
(C) To prevent waste of or protect rights of owners of interest in groundwater;
(D) To prevent subsidence; or
(E) Under its police power to make laws and regulations for the benefit of its communities;
(13) The appraisal of property for purposes of ad valorem taxation;
(14) An action that is taken in response to a threat to public health and safety that is designed to advance the health and safety purpose; or
(15) An action by a municipality unless the regulatory program has effect in the territorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces a regulatory program that does not impose identical requirements or restrictions in the entire territorial jurisdiction of the municipality.
Also your property value has to have a reduction of 20% fair market value before you have a claim.
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Arkansas Senators: PLEASE vote NO on SB757. It’s a bad bill.
Secure Arkansas supporters: Keep contacting all the Senators, please!
Tell them you want them to vote “NO” on SB757.
(Below the table are just the email addresses for all Senators, in case you’d like to copy and paste them to email all Senators at one time.) Be sure to include your name, city/state, and daytime phone number so they will pay attention to your emails!
Please notify Secure Arkansas about the responses you receive from your legislator.
Title |
Name |
Phone |
|
District |
Senator |
Cecile Bledsoe |
3 |
||
Senator |
David Burnett |
22 |
||
Senator |
Ronald Caldwell |
23 |
||
Senator |
Eddie Cheatham |
26 |
||
Senator |
Linda Chesterfield |
30 |
||
Senator |
Alan Clark |
13 |
||
Senator |
Linda Collins-Smith |
19 |
||
Senator |
John Cooper |
21 |
||
Senator |
Jonathan Dismang |
28 |
||
Senator |
Joyce Elliott |
31 |
||
Senator |
Jane English |
34 |
||
Senator |
Jake Files |
8 |
||
Senator |
Scott Flippo |
17 |
||
Senator |
Stephanie Flowers |
25 |
||
Senator |
Jim Hendren |
2 |
||
Senator |
Bart Hester |
1 |
||
Senator |
Jimmy Hickey |
11 |
||
Senator |
Jeremy Hutchinson |
33 |
||
Senator |
Keith Ingram |
24 |
||
Senator |
Missy Irvin |
18 |
||
Senator |
David Johnson |
32 |
||
Senator |
Blake Johnson |
20 |
||
Senator |
Bryan King |
5 |
||
Senator |
Uvalde Lindsey |
4 |
||
Senator |
Bruce Maloch |
12 |
||
Senator |
Bobby J. Pierce |
27 |
||
Senator |
Jason Rapert |
35 |
||
Senator |
Terry Rice |
9 |
||
Senator |
Bill Sample |
14 |
||
Senator |
David J. Sanders |
15 |
||
Senator |
Gary Stubblefield |
6 |
||
Senator |
Larry Teague |
10 |
||
Senator |
Eddie Joe Williams |
29 |
||
Senator |
Jon Woods |
7 |
Cecile.Bledsoe@senate.ar.gov
David.Burnett@senate.ar.gov
ronald.caldwell@Senate.ar.gov
eddie.cheatham@senate.ar.gov
lchesterfield@comcast.net
alan.clark@senate.ar.gov
Linda.Collins-Smith@senate.ar.
john.cooper@senate.ar.gov
dismang28@gmail.com
Joyce.Elliott@senate.ar.gov
jane.english@senate.ar.gov
Jake.Files@Senate.ar.gov
Scott.Flippo@senate.ar.gov
Stephanie.Flowers@senate.ar.
jim.hendren@senate.ar.gov
bart.hester@senate.ar.gov
jimmy.hickey@senate.ar.gov
Jeremy.Hutchinson@senate.ar.
friendsforkeith@gmail.com
Missy.Irvin@senate.ar.gov
David.Johnson@senate.ar.gov
Blake.Johnson@senate.ar.gov
bryan.king@senate.ar.gov
uvalde.lindsey@senate.ar.gov
bruce.maloch@senate.ar.gov
bobby.pierce@senate.ar.gov
Jason.Rapert@senate.ar.gov
Terry.Rice@senate.ar.gov
Bill.Sample@senate.ar.gov
davidjamessanders@gmail.com
gary.stubblefield@senate.ar.
Larry.Teague@senate.ar.gov
EddieJoe.Williams@senate.ar.
jon.woods@senate.ar.gov
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Our freedom and private property rights are important!
Securing the blessings of liberty,
Secure Arkansas
securetherepublic.com/arkansas
info@securetherepublic.com